The Short Answer: It Depends on the Species
Australia has some of the strictest wildlife protection laws in the world. Before removing or disturbing any bird nest, it’s important to understand what you can and cannot legally do — and the penalties for getting it wrong.
Native Birds Are Protected
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) at the federal level, and the Biodiversity Conservation Act 2016 in NSW, native bird species are protected. This protection extends to:
- The birds themselves
- Their eggs
- Their nests (particularly while active)
It is generally illegal to remove, damage or destroy the nest of a native bird while it contains eggs or live chicks without a licence. Doing so can attract significant fines.
Common Protected Species That Nest on Buildings
- Noisy miners
- Rainbow lorikeets
- Swallows and martins
- Starlings (introduced — see below)
- Common mynas (introduced — see below)
Introduced (Pest) Species — Different Rules Apply
Not all birds nesting on buildings are protected. Some introduced (non-native) pest species are not protected under NSW law, including:
- Common (Indian) Myna — not protected; nest and bird control is permitted
- Common Starling — not protected in NSW
- Feral Pigeon (Rock Dove) — not protected; considered a pest species
- House Sparrow — not protected
These are the species most commonly managed by pest controllers in Sydney. Their nests and droppings can be removed without a permit.
What About Noisy Miners and Native Pigeons?
Native pigeons (such as the Crested Pigeon and Wonga Pigeon) and noisy miners are fully protected. If you suspect you have a protected species nesting on your property, do not disturb the nest and contact a licensed wildlife carer or your local council for advice.
Can You Proactively Deter Birds Before They Nest?
Yes — and this is always the preferred approach. Installing bird deterrents (spikes, netting) before birds establish a nest is not only legal for all species but is far more effective and avoids the legal complexity of dealing with an active nest. Once birds have established a nest with eggs or chicks, your options are legally restricted until the nest is no longer active.
Getting Professional Advice
A reputable bird control professional will identify the species before recommending or undertaking any control work. They will ensure all work complies with applicable wildlife legislation and hold the appropriate licences for any controlled species management.
Pestyologist provides legally compliant bird control services across Sydney for feral pigeons, mynas and starlings. Contact us to discuss your situation.